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MATTER OF FOGELMAN v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

2009-03736.

74 A.D.3d 809 (2010)

903 N.Y.S.2d 455

In the Matter of FREDERICK FOGELMAN, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 1, 2010.

Ordered that the judgment is affirmed, with costs.

The petitioner, Frederick Fogelman, is the owner of a parcel of real property located in Farmingdale. The parcel has two street addresses, 965 Conklin Street and 937 Conklin Street, which correspond to two buildings on the parcel. In 1993 and 1994, Suffolk County officials discovered, among other things, the presence of tetrachloroethene (also known as tetrachloroethylene, perchloroethylene, PERC, or PCE) and other...

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